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RESOLUTION AGREEMENTOhio Virtual AcademyOCR Docket No. 15-12-1116Ohio Virtual Academy (the Academy) submits this Resolution Agreement to the U.S.Department of Education’s Office for Civil Rights (OCR) to resolve the above-referencedcomplaint and ensure compliance Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d etseq., and its implementing regulation at 34 C.F.R. Part 100. This Agreement is being voluntarilysubmitted by the Academy and before the completion of OCR’s investigation and any issuanceof findings. The Academy therefore agrees to take the following actions:PARENTAL COMMUNICATION – MEANINGFUL ACCESSI.By August 1, 2015, the Academy will develop a written plan to provide languageassistance to national origin minority, Limited English Proficient parents/guardians(LEP parents) that ensures that they are notified, in a language they understand, ofschool activities, including activities related to and associated with their role aslearning coaches, and other information and matters that are called to the attention ofother parents. The written plan will include:A. a process for notifying LEP parents and all Academy staff of the availability offree language assistance services with respect to information about Academyprograms and activities (e.g., on-line/digital and “in person” or telephone-basedorientation sessions, parent-teacher conferences, meetings with Academy staff,special education or other meetings about disability, learning coach activities,etc.). The notification(s) will include information about how to access theservices and will identify an Academy contact person who can assist LEP parentsin accessing interpreter services or translated documents. The notification will, ata minimum, be published on the Academy’s website, in student and parenthandbooks, and in any Academy-wide or school-based newsletters or othergeneral communications, as well as in general contact information inadvertisements or other contacts relating to enrollment/admissions;B. a process for identifying LEP parents who may need language assistance through,at a minimum, home language surveys that ask parents, in a language theyunderstand (in writing and/or verbally, as appropriate), if they need writtentranslations or oral interpretation of communications and, if so, to specify thelanguage(s) needed; through interaction between parents and staff; and taking intoaccount that English language learner (EL) students, whom the Academy has anobligation to identify, may also have LEP parents;C. a statement that a parent does not have to be of limited English proficiency inspeaking, reading, writing, and comprehending English in order to be consideredLEP; rather, a parent need be limited in only one of these areas in order to beeligible to receive language assistance as needed;
Page 2 – Ohio Virtual Academy - Resolution Agreement - OCR Docket #15-12-1116D. a statement that, generally, the Academy will accept a parent’s assertion that he orshe needs language assistance without requiring additional corroboration;E. a process that ensures that the Academy has a centralized and current list of LEPparents identified as needing language assistance services, as well as the type oflanguage assistance services they need and a log of the language assistanceservices provided to them that includes date of service, type of service (e.g.,translation or interpreter services for special education, disciplinary proceedings),and service provider (including name, position, and qualifications). The processwill ensure that the list is provided to all Academy staff who may interact withLEP parents, as well as to all administrators. “Staff,” for the purposes of thisAgreement, will include all relevant administrators, teachers, counselors, andsupport staff. Should the Academy choose to use its centralized data system(Sharepoint) for this purpose, the Academy will ensure that all relevant staff areaware of the location and purpose of the list.F. a process by which Academy staff members who are likely to interact with anidentified LEP parent are advised of the parent’s potential need for languageassistance, the circumstances under which they may need assistance (e.g., settingup hardware and software, explaining the Academy’s process, first and latercontacts with teachers and other staff, parent-teacher conferences, contacts anddocuments related to learning coach activities, disciplinary actions, disciplinaryhearings, contacts and documents related to Individualized Education Programs(IEP) developed under the Individuals with Disabilities Education Act of 2004(IDEA) or plans developed under Section 504 of the Rehabilitation Act of 1973(Section 504),hearings or documents relating to dis-enrollment), the type oflanguage assistance they might need (e.g., translation services or interpreterservices), and the means by which they may timely obtain such assistance for theparent. Including such a notice on the Academy’s centralized description ofstudents (Sharepoint) shall not be considered sufficient notice of such a need;G. a process by which Academy staff may obtain, in a timely manner, appropriate,qualified translators or interpreters as needed;H. a process to ensure that interpreters understand any specialized processes, terms,or concepts pertinent to the Academy’s program and that the interpreters canexplain or interpret/translate the terms in the native language of the parents forwhom they are providing services, including but not limited to, how to set up anddeal with the Academy’s on-line provision of its program, interpreters at IEPmeetings and Section 504 meetings and special education or disability-relatedterminology and concepts;I. a process by which the Academy will ensure that its interpreters and translatorsare trained on how to utilize the academy’s on-line system, the role of interpreter
Page 3 – Ohio Virtual Academy - Resolution Agreement - OCR Docket #15-12-1116and translator, the ethics of interpreting and translating, and the need to maintainconfidentiality;J. a process for notifying relevant Academy staff, on an annual basis, that the use offamily members and friends for the provision of language assistance is generallynot acceptable. The notice shall state that the use of such individuals may raiseissues of confidentiality, privacy, or conflict of interest and that, in manycircumstances, such persons are not competent to provide quality, accurateinterpretations. The process will also include notification to relevant Academystaff that they should not rely on family members and friends to provide LEPparents meaningful access to important programs and activities and a caution that,even when LEP parents have voluntarily chosen to provide their own interpreteror translator, the Academy may still need, depending upon the circumstances ofthe encounter, to provide its own interpreter or translator to ensure accurateinterpretation or translation of critical information, especially in, but not limitedto, situations where the competency of the LEP parents’ chosen interpreter is notestablished and/or when identified LEP parents do not request translation but atranslator is deemed necessary to convey information. Additionally, the noticeshall state that the use of minor children raises particular concerns aboutcompetency, quality, and accuracy of interpretations and that it is never advisableto use such children to convey information about their own education and/orcomplex information;K. a process for identifying and translating vital written documents into the languageof each frequently-encountered LEP parent group eligible to be served and/orlikely to be affected by the Academy’s program or activities, as well as otherlanguages as necessary. In determining which written documents are vital, theAcademy will consider the importance of the program, information, encounter, orservice involved and the consequence to the LEP parent and his her children if theinformation in question is not provided accurately or in a timely manner. At aminimum, the following vital written documents will be translated into thelanguage of each frequently-encountered LEP parent group:1. notice relating to matters of Academy procedures, such as how to accessits on-line program and how to set up hardware, software, and aninternet service provider to access the Academy’s program;2. notice of procedural safeguards in the context of providing children withdisabilities with a free appropriate public education (FAPE) underSection 504 and IDEA;3. documentation related to eligibility and placement decisions underSection 504 and IDEA;4. disciplinary notices and procedures;
Page 4 – Ohio Virtual Academy - Resolution Agreement - OCR Docket #15-12-11165. registration/enrollment forms, emergency notification forms, and otherforms most commonly used by the district to communicate with parents;6. report cards and student progress reports;7. notices of parent-teacher conferences or meetings;8. parent handbooks and fact sheets, if utilized by the Academy;9. documentation regarding the availability of academic options andplanning, including any gifted and talented programs, alternativelanguage programs, tutoring, and counseling and guidance services; and10. screening procedures that request information from parents about thechild's language background and the parents’ preferred language forcommunication with the school.L. A process for translating and/or interpreting documents and communications thatare specifically tailored to the online format of the Academy, including, but notlimited to:1. K-mail2. Class Connect sessions3. Online threaded academic discussions and other discussions involvingthe participation of learning coaches4. web conferencing and chat room communicationsM. a process to ensure that translators understand the expected reading level of theaudience and, where appropriate, have fundamental knowledge about the targetlanguage group’s vocabulary and phraseology. The process should require, asdeemed appropriate and necessary, consultation with relevant communityorganizations to help determine whether a document is written at an appropriatelevel for the intended audience.II.Within 60 calendar days of receipt of the OCR-approved language assistance plan,the Academy will adopt and implement the plan; notify all Academy staff andadministrators of the language assistance plan; publish the notice required by ItemI.A. above; and train its staff, including guidance counselors, counselors, andadvisors, on its policy and procedures for effectively communicating with LEPparents. The training will consist of a review of the language assistance plan and willinclude training on the importance of effective communication with LEP parents, useof interpreters when staff receive or make calls to language-minority individuals, andapplicable record-keeping procedures and reporting requirements. Additionally, theAcademy will have a trainer, qualified in addressing cultural sensitivity issues, trainstaff on the impact of ethnic and cultural differences on effective communication andthe importance of cultural sensitivity in communicating with LEP parents.
Page 5 – Ohio Virtual Academy - Resolution Agreement - OCR Docket #15-12-1116Reporting Requirements: By August 1, 2015, the Academy will submit to OCR, for reviewand approval, a copy of the language assistance plan it has developed pursuant to therequirements of Item I above. Within 60 calendar days of receipt of the OCR-approved languageassistance plan, the Academy will submit to OCR documentation demonstrating adoption andimplementation of the language assistance plan developed pursuant to Item II, including but notlimited to: the notification issued pursuant to Item I.A.; a list of identified LEP parents, theirlanguage background, types of services that they require, and information as to any servicesprovided to the parents by the central administration (including date of services, type of services,and name and qualifications of service provider); the annual notice issued to staff; and copies ofthe documents the Academy has translated, including links to any translated communicationsavailable on the Academy’s website; and a copy of the training sign-up sheet or otherdocumentation of staff and administration attendance at the training, the name and qualificationsof the trainer, any agenda utilized, and any outline or materials used during the training.III.By August 1, 2015, the Academy will develop a written plan for the annual evaluationof the effectiveness of its language assistance plan, developed pursuant to Item Iabove. The written evaluation plan will include the following:A. identification of staff responsible for evaluating the language assistance plan onan annual basis;B. identification of the date by which the evaluation will be completed on an annualbasis;C. a list of information and items to be examined when evaluating the effectivenessof the language assistance plan, which will include, at a minimum, the following:identification of the current LEP parent groups encountered by the Academy; thefrequency of encounters with LEP parents; the nature and importance of activitiesinvolving LEP parents; the availability of resources, including technologicaladvances and sources of additional resources, and the costs imposed; whetherexisting assistance is meeting the needs of LEP parents; whether staff knows andunderstands the language assistance plan and how to implement it; and whetheridentified sources for language assistance are timely available and viable; andD. a process for determining whether new documents, programs, services, andactivities need to be made accessible for LEP parents and whether the Academyneeds to provide notice of any changes in services to LEP parents and toAcademy staff.IV.Within 60 calendar days of receipt of the OCR-approved evaluation plan developedpursuant to Item III above, the Academy will adopt and implement the plan.Reporting Requirements: By August 1, 2015, the Academy will submit to OCR, for reviewand approval, a copy of the evaluation plan it has developed pursuant to the requirements of ItemIII above. Within 60 calendar days of receipt of the OCR-approved evaluation plan, the
Page 6 – Ohio Virtual Academy - Resolution Agreement - OCR Docket #15-12-1116Academy will submit documentation verifying it adopted and implemented the plan pursuant toItem IV above. By July 30, 2016, the Academy will submit to OCR documentationdemonstrating the results of its evaluation of the Academy’s implementation of its languageassistance plan during the 2015-2016 school year, consistent with the evaluation plan approvedby OCR, including documentation of any changes resulting from the evaluation.ENGLISH LANGUAGE LEARNER PROGRAMV.By August 1, 2015, the Academy will develop a comprehensive plan (thecomprehensive plan) outlining how it will provide English language services andinstruction to English language learner (EL) students enrolled in the Academy. Theapproach/methodology must be recognized as sound by some experts in the field orrecognized as a legitimate educational strategy. The Academy will consult with otheron-line learning institutions and/or outside experts as needed concerning delivery ofon-line learning for EL students to ensure the plan appropriately addresses delivery ofservices to EL students in an on-line education environment, providing them anopportunity to participate in and benefit from the Academy’s on-line learningprogram that is comparable to that offered to non-EL students.VI.The comprehensive plan will include the following:A. Regarding identification of EL students, the Academy will finalize homelanguage survey questions currently being developed, and each national originminority student in kindergarten through grade twelve who has a primary or homelanguage other than English (PHLOTE) will be identified by the Academy uponenrollment using K-12’s and the Academy’s Home Language Survey questionsfor all students enrolling in the Academy. The Academy will review completedHome Language Surveys, as well as teacher and other staff input to identify allstudents who have a primary or home language other than English. The Academywill deliver the Home Language Survey questions in person or via a surveydocument in English and in Spanish, as needed. For those languages that are lessprominent, the Academy will have translated versions of the survey available orwill advise national origin minority limited English proficient (LEP) parents, in alanguage they understand, of whom to contact at the Academy if they needassistance in understanding and completing the survey.B. Regarding assessment of potential EL students, the Academy will continue topromptly and objectively assess students identified as having a primary or homelanguage other than English to determine their proficiency in reading, writing,speaking, and understanding English. The Academy will articulate what level ofperformance on the assessments qualifies students for EL services, the placementdetermination regarding the EL student’s participation in the EL program, and theEL services to be provided by the Academy to the EL student. The Academy willpromptly notify EL students’ parents, in a language they understand, of theassessment results and of the EL services to be provided.
Page 7 – Ohio Virtual Academy - Resolution Agreement - OCR Docket #15-12-1116C. The Academy will develop a system to maintain records for all EL students thatwill include information that allows them to track the services provided to its ELstudents, such as student, name, grade level, assessment results, proficiency level,and the type, amount, and time of language services to be provided.D. Regarding EL program staffing, the Academy will ensure that EL program staffand providers are qualified for their positions. Additionally, the Academy willensure that EL program staffing, including regular education teachers teaching ELstudents, is sufficient, and sufficiently trained, to provide EL students the ELservices necessary to meet their needs. The Academy will take into account theextent of modifications that may be necessary given the amount of time studentswork independently, the need for additional technology such as webcams andadditional monitors so that teachers and students can see each other as well asmaterials to be worked on; possible need to utilize aides or other personnel, suchas interpreters, who speak the languages of specific EL students to ensure thatthey will effectively provide EL students with an opportunity to participate in andbenefit from the Academy’s general education program that is comparable to thatprovided to non-EL students; and the teacher/student ratio in on-line classes.E. Regarding EL program instructional materials, the Academy will ensure that theinstructional materials that it provides to the EL program are appropriate to theEL program, grade level, and English language proficiency of the students itserves, given the on-line nature of the program and the independent wayAcademy students access most of their curriculum/studies. The Academy willalso ensure that the instructional materials are comparable in quality and scope tothe materials provided to all students and that they will effectively provide ELstudents with an opportunity to participate in and benefit from the Academy’sgeneral education program that is comparable to that provided to non-EL studentsand will allow EL students to effectively develop skills in reading, writing,comprehending, and speaking English.F. Regarding EL program facilities, should the Academy provide any instruction orservices in a physical location, such as face-to-face meetings, etc., the Academywill ensure that the facilities and locations in which it delivers EL instruction andservices are both adequate to program needs and comparable in size and quality tothe facilities and locations in which all students are educated. In addition, theAcademy will ensure that its on-line learning provides access for EL students iscomparable to that provided to non-EL students.G. Regarding EL student progress, the Academy will monitor EL student progress inorder to identify EL students not making adequate progress toward meeting theAcademy’s identified EL program goals. The Academy will identify the specificinterventions that it will provide to EL students who do not exhibit adequateprogress in both learning English and participating in the Academy’s generaleducation program. The Academy will document the monitoring as well as thespecial interventions that it provides to individual EL students.
Page 8 – Ohio Virtual Academy - Resolution Agreement - OCR Docket #15-12-1116H. Regarding peer integration, the Academy will ensure that it does not separate ELstudents from their non-EL peers in the on-line context and in any “in person”provision of instruction or services, except to the extent such separation isnecessary to the stated goals of the EL program.I. Regarding EL students with disabilities or suspected disabilities, the Academywill ensure that it appropriately identifies EL students who need or are believed toneed special education or related services. Additionally, it will obtain input fromrelevant EL program staff when a group of knowledgeable person evaluates,reevaluates or makes making placement decisions for EL students withdisabilities.J. Regarding special programs (e.g., advanced placement, honors, etc.), flex creditopportunities, and extra-curricular activities, if available, the Academy will ensurethat EL students have the same opportunity to participate in such programs astheir non-EL peers.K. Regarding exit criteria and monitoring of students exited from the EL program,the Academy will articulate appropriate criteria for determining when it shouldexit an EL student from the EL program. The Academy will also ensure that ELprogram personnel monitor the academic and English language proficiency ofstudents exited from the EL program for at least two years after their exit. TheAcademy will ensure that EL personnel monitoring the exited student willconsider, at a minimum, report cards, progress reports, teacher input, andstandardized test scores to determine whether to place the EL student back in ELprogram. The Academy will assess whether each student exited from the ELprogram is able to achieve without EL program services (including by reviewinggrades and academic achievement data) and, if an exited student is unable toachieve without EL program services, the Academy will determine the ELservices to be provided to the EL student. The Academy will promptly notify ELstudents’ parents, in a language they understand, of the assessment results and ofthe EL services to be provided.L. Regarding EL program evaluation, the Academy will establish and implement aprogram and criteria for periodically evaluating the effectiveness of its ELprogram in providing EL students a meaningful opportunity to develop Englishlanguage skills and to benefit from its overall educational programs. TheAcademy will ensure that it makes prompt and appropriate changes to its ELprograms based on the evaluation.M. The Academy must not recommend that parents decline all or some serviceswithin an EL program for any reason; rather, the Academy will develop a methodto provide guidance in a language parents can understand to ensure that theyunderstand their child’s rights, the range of EL services that their child couldreceive, and the benefits of such services. When parents who are so informedabout the Academy’s EL program then decide, knowingly and voluntarily, not to
Page 9 – Ohio Virtual Academy - Resolution Agreement - OCR Docket #15-12-1116have their children participate in the program or decline particular services, theAcademy must take affirmative steps to provide these EL students access to itseducational programs and ensure the needs of “opt-out” EL students are beingmet; the Academy will periodically monitor their progress and, if a student doesnot demonstrate appropriate growth in English proficiency or struggles in one ormore subjects due to language barriers, the Academy’s affirmative steps willinclude informing the parents of the lack of progress and offering furtheropportunities to enroll the student in the EL program or in particular services atany time.VII.Within 30 calendar days of receipt of the OCR-approved comprehensive plan, theAcademy will adopt and implement the plan.VIII.By September30, 2015, the District will provide training by a competent authority toall of its upper-level administrators, principals, teachers, and staff on the District’slegal requirements, pursuant to Title VI of the Civil Rights Act of 1964, OCR policy,and case law, to provide equal educational opportunity to EL students and to providemeaningful access to the District’s program to LEP parents.Reporting Requirements1. By August 1, 2015, the Academy will submit to OCR, for review and approval, a copy of thecomprehensive plan it has developed pursuant to Item V. above.2. Within 30 calendar days of receipt of written notification from OCR of approval of thecomprehensive plan, the Academy will submit to OCR documentation demonstrating adoptionand implementation of the comprehensive plan. In addition, the Academy will submitdocumentation, including, but not limited to, its Home Language Survey (or its questionsreduced to writing), including any translation copies and information about the provision ofinterpreter services for parents to complete the survey; and any data collected pursuant to thedevelopment of the comprehensive plan, such as a list of instruction materials used or to be usedwith EL students and documentation demonstrating that the materials are appropriate.3. By June 30, 2016 and June 30, 2017, the Academy will submit to OCR information documentingthe total number of EL students enrolled in the Academy; the total number of EL students whoreceive alternative language program services; and the EL program services provided to eachstudent, as well as information about the students’ grade and proficiency levels. For each ELstudent not included in the EL program, the Academy will provide information documenting thestudent’s grade level, proficiency level, and reason for not receiving services, as well as astatement of the language support services being provided to the student and a description of thestudent’s academic progress and whether the student was able to participate meaningfully in theregular instructional program. For any student who is not being provided services because aparent opted out, the Academy will provide to OCR a copy of the information provided to theparent of the unserved student.
Page 10 – Ohio Virtual Academy - Resolution Agreement - OCR Docket #15-12-11164. By June 30, 2016 and June 30, 2017, the Academy will provide information documenting themonitoring of EL student progress, staffing information, a list of all students who exited the ELprogram during the 2015-2016 and 2016-2017 school years, and information supporting whethereach student was able to achieve without EL program services, including grades and academicachievement data and statements describing where/how EL students are receiving EL services.If a student was unable to achieve without EL program services, the Academy will provideinformation documenting that the student was again provided with EL services and thatappropriate notice was provided to the student’s parents.5. By June 30, 2016 and June 30, 2017, the Academy will submit to OCR documentationdemonstrating the results of the Academy’s evaluation of the implementation of thecomprehensive plan during the 2015-2016 school year, pursuant to Item V.L. of this agreement,consistent with the OCR-approved evaluation plan, including documentation of any changes theAcademy took as a result of the evaluation.6. By October 30, 2015, the Academy will submit to OCR documentation showing that itconducted training pursuant to Item VII, including copies of training schedules, a briefdescription of the training, the name and credentials of the individual responsible for providingthe training, and sign-in sheets or other information that includes the names and titles of those inattendance.GENERAL REQUIREMENTSThe Academy understands that OCR will not close the monitoring of this agreement until OCRdetermines that the Academy has fulfilled the terms of this agreement and is in compliance withthe regulations implementing Title VI, 42 U.S.C. §§ 2000d et. seq., at 34 C.F.R. §§ 100.3(a) and(b).The Academy understands that by signing this agreement, it agrees to provide data and otherinformation in a timely manner. Further, the Academy understands that during the monitoring ofthis agreement, OCR may visit the Academy, interview staff and students, and request suchadditional reports or data as are necessary for OCR to determine whether the Academy hasfulfilled the terms of this agreement and is in compliance with the regulations implementing TitleVI at 34 C.F.R.§§ 100.3(a) and (b).The Academy understands and acknowledges that OCR may initiate administrative enforcementor judicial proceedings to enforce the specific terms and obligations of this agreement. Beforeinitiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10) or judicial proceedings toenforce this Agreement, OCR shall give the Academy written notice of the alleged breach and aminimum of sixty (60) calendar days to cure the alleged breach./s/Superintendent or designee3/11/15Date
Ohio Virtual Academy OCR Docket No. 15-12-1116 . Ohio Virtual Academy (the Academy) submits this Resolution Agreement to the U.S. Department of Education's Office for Civil Rights (OCR) to resolve the above-referenced complaint and ensure compliance Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et
